Cape officer pleads guilty to Vermont DWI

BURLINGTON, Vt. — A veteran Cape Cod police officer agreed to plead guilty Friday to driving while intoxicated in Vermont and will serve 10 days on a work crew as part of a deal with prosecutors.

The plea bargain was approved by Judge Brian Grearson during a morning hearing at Vermont Superior Court.

Scott W. Kynoch, 48, of Mashpee, Mass., who faced two charges of driving while intoxicated, also pleaded guilty to a charge of negligent operation of a motor vehicle to resolve the second DWI count.

In return for the guilty pleas, Grearson agreed to impose a sentence of four to 12 months, all suspended. In addition to the work-crew assignment, the judge ordered that Kynoch continue to receive alcohol counseling.

Kynoch, a former Burlington High School football standout, was pulled over by police twice in a three-month period earlier this year.

Tests later showed his blood-alcohol content was over the legal driving limit of 0.08 in both instances.

Grearson accepted the plea deal after Kynoch and his attorney, Richard Goldsborough, told the court that Kynoch was addressing his problem and had voluntarily checked himself into Brattleboro Retreat for 12 days of treatment after the second incident in mid-July.

Kynoch, in a statement to the court, said he had learned from his mistakes and vowed not to repeat them.

"I am truly sorry and embarrassed for what my actions have caused in this community," Kynoch told Grearson. "What I shall guarantee you is that this was an isolated incident. ... I sought counseling and will continue counseling. This matter is resolved as far as my behavior is concerned."

Chittenden County Deputy State's Attorney Mary Morrissey said the state had agreed to the plea deal because Kynoch had taken responsibility for his behavior.

She also said the state recognized that the sentence would result in a "significant impact on his employment" as a police officer in Barnstable, Mass., including a long suspension of his driver's license.

Kynoch declined comment as he left the courtroom. Goldsborough said Kynoch had an "unblemished record" as a 24-year police officer until "these unfortunate events of last summer."

"He recognized the human mistake he had made and he addressed it responsibly and appropriately," Goldsborough said.

"He wishes to complete the rehabilitation program that is in place and move on" with his life.

Kynoch's boss, Barnstable Police Chief Paul MacDonald, said Friday that Kynoch has been on "desk duty" since the first DWI report.

Barnstable police were waiting on the outcome in court before finalizing a report and recommendation that will be forwarded to Barnstable Town Manager Thomas Lynch, MacDonald said.

MacDonald declined to comment on what the recommendation would be prior to the completion of the department's investigation but said he was satisfied with questions about Kynoch's possession of prescription medicine.

Vermont State Police had initially cited Kynoch on a misdemeanor of possession of drugs when he was found with prescription oxycodone and Adderall pills during his second arrest.

MacDonald said Kynoch produced prescriptions for the pills, and the charge was dropped.

Barnstable police officers are not required to notify the department if they have been prescribed medicine by a doctor, MacDonald said.

Lynch said he is waiting on MacDonald's recommendation and would not prejudge his decision.

Kynoch may appeal Lynch's decision, but that would be heard by the town manager as well, Lynch said.

According to police affidavits in his Vermont cases, Kynoch was arrested on the first DWI charge on May 26 after South Burlington police stopped him on Williston Road for driving over the speed limit. A test listed his blood-alcohol content at 0.114 percent.

He was stopped a second time July 13, this time on Interstate 89 near Exit 13, after his car was observed swerving over the center line. A test placed his blood-alcohol content at 0.124 percent.